By motion dated January 3, 2013, Defendant seeks to dismiss the Criminal Court Complaint pursuant to CPL Sec. 30.30, asserting that the People have failed to comply with the time limitations imposed upon the prosecution of misdemeanors.

The Court has reviewed the Court file, Defendant's motion, and the People's Response dated February 5, 2013.

For the reasons that follow, Defendant's motion is granted to the extent of ordering a hearing pursuant to CPL Sec. 30.30 and 30.20.

Defendant was arrested on February 19, 2011, and charged with one count each of Operating a Motor Vehicle Under the Influence of Alcohol or Drugs pursuant to VTL Sec. 1192.3, an Unclassified Misdemeanor and Operating a Motor Vehicle Under the Influence of Alcohol or Drugs pursuant to VTL Sec. 1192.1, a traffic violation. Defendant was arraigned on next date, and was released in her own recognizance. [*2]

Since that time, the matter has been adjourned 8 times for hearings and trial between October 24, 2011 and November 16, 2011. On each adjourn date during that time, the People have stated not ready, and requested a date certain for hearings and trial.

The Court acknowledges that the People are afforded a reasonable opportunity to be ready for hearings and trial. See People v. Fleming, 13 AD3d 102, 785 NYS2d 333 (1st Dept., 2004), and cases cited therein. Further, it is well settled that post readiness, the People are to be charged with only the amount of time they request. See, People ex rel Sykes v. Mitchell, 184 AD2d 466, 468, 586 NYS2d 937 (1st Dept, 1992); People v. Urraea, 214 AD2d 378, 625 NYS2d 937 (1st Dept, 1995). It is just as equally well established that a later assertion of "unreadiness" does not, by itself, provide a reason to question the good faith of a prior statement of readiness. See, People v. Camillo, 279 AD2d 326, 719 NYS2d 239 (1st Dept, 2001).

In the instant case, however, this Court cannot determine whether or not the People's statements of readiness and requests for a date certain are in good faith. See, People v. Perkins, 37 Misc 3d 696, 698, 951 NYS2d 351 (Crim Ct, Kings Cty, 2012) ("repeated failure to be ready for trial over an extended period of time may, in and of itself, warrant dismissal.")

Since the record currently before this Court is devoid of facts to establish the good faith basis for the People's time requests, this Court orders a hearing pursuant to CPL Sec. 30.30 to determine whether the People have complied with the time limitations imposed upon the prosecution of the above-stated charges.

This shall constitute the opinion, decision, and order of the Court.

Dated: Bronx, New YorkFebruary 19, 2013

_______________________________Hon. John H. Wilson, JCC